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See Bill Summary
S T A T E O F N E W Y O R K
________________________________________________________________________
6771
I N S E N A T E
February 17, 2006
___________
Introduced by Sens. GOLDEN, VOLKER, PADAVAN, ALESI, BALBONI, BRUNO,
FLANAGAN, FUSCHILLO, HANNON, JOHNSON, LARKIN, LAVALLE, LEIBELL,
LITTLE, MALTESE, MARCELLINO, MARCHI, MAZIARZ, MEIER, MORAHAN, NOZZO-
LIO, SALAND, SEWARD, SKELOS, SPANO, TRUNZO, WINNER, WRIGHT, YOUNG --
read twice and ordered printed, and when printed to be committed to
the Committee on Codes
AN ACT to amend the penal law and the criminal procedure law, in
relation to sentencing for the commission of certain provisions of
murder in the first degree
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. Section 60.06 of the penal law, as amended by chapter 765
2 of the laws of 2005, is amended to read as follows:
3 S 60.06 Authorized disposition; murder in the first degree offenders;
4 aggravated murder; certain murder in the second degree offen-
5 ders; certain terrorism offenders; criminal possession of a
6 chemical weapon or biological weapon offenders; criminal use
7 of a chemical weapon or biological weapon offenders.
8 When a defendant is convicted of murder in the first degree as defined
9 in section 125.27 of this chapter, the court shall, in accordance with
10 the provisions of section 400.27 of the criminal procedure law, sentence
11 the defendant to death, to life imprisonment without parole in accord-
12 ance with subdivision five of section 70.00 of this title, or to a term
13 of imprisonment for a class A-I felony other than a sentence of life
14 imprisonment without parole, in accordance with subdivisions one through
15 three of section 70.00 of this title. When a person is convicted of
16 murder in the second degree as defined in subdivision five of section
17 125.25 of this chapter or of the crime of aggravated murder as defined
18 in section 125.26 of this chapter, OR OF THE CRIME OF MURDER IN THE
19 FIRST DEGREE AS DEFINED IN SUBPARAGRAPH (I), (II) OR (III) OF PARAGRAPH
20 (A) OF SUBDIVISION ONE OF SECTION 125.27 OF THIS CHAPTER AND THE
21 SENTENCE OF DEATH IS NOT IMPOSED, the court shall sentence the defendant
22 to life imprisonment without parole in accordance with subdivision five
23 of section 70.00 of this title. When a defendant is convicted of the
24 crime of terrorism as defined in section 490.25 of this chapter, and the
25 specified offense the defendant committed is a class A-I felony offense,
26 or when a defendant is convicted of the crime of criminal possession of
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
{ } is old law to be omitted.
LBD14595-02-6
S. 6771 2
1 a chemical weapon or biological weapon in the first degree as defined in
2 section 490.45 of this chapter, or when a defendant is convicted of the
3 crime of criminal use of a chemical weapon or biological weapon in the
4 first degree as defined in section 490.55 of this chapter, the court
5 shall sentence the defendant to life imprisonment without parole in
6 accordance with subdivision five of section 70.00 of this title;
7 provided, however, that nothing in this section shall preclude or
8 prevent a sentence of death when the defendant is also convicted of
9 murder in the first degree as defined in section 125.27 of this chapter.
10 S 2. Subparagraph (i) of paragraph (a) of subdivision 3 of section
11 70.00 of the penal law, as amended by chapter 765 of the laws of 2005,
12 is amended to read as follows:
13 (i) For a class A-I felony, such minimum period shall not be less than
14 fifteen years nor more than twenty-five years; provided, however, that
15 (A) where a sentence, other than a sentence of death or life imprison-
16 ment without parole, is imposed upon a defendant convicted of murder in
17 the first degree as defined in SUBPARAGRAPH (IV), (V), (VI), (VII),
18 (VIII), (IX), (X), (XI), (XII) OR (XIII) OF PARAGRAPH (A) OF SUBDIVISION
19 ONE OF section 125.27 of this chapter such minimum period shall be not
20 less than twenty years nor more than twenty-five years, and, (B) where a
21 sentence is imposed upon a defendant convicted of murder in the second
22 degree as defined in subdivision five of section 125.25 of this chapter
23 or convicted of aggravated murder as defined in section 125.26 of this
24 chapter, OR WHERE A SENTENCE, OTHER THAN A SENTENCE OF DEATH, IS IMPOSED
25 UPON A DEFENDANT CONVICTED OF MURDER IN THE FIRST DEGREE AS DEFINED IN
26 SUBPARAGRAPH (I), (II) OR (III) OF PARAGRAPH (A) OF SECTION 125.27 OF
27 THIS CHAPTER, the sentence shall be life imprisonment without parole,
28 and, (C) where a sentence is imposed upon a defendant convicted of
29 attempted murder in the first degree as defined in article one hundred
30 ten of this chapter and subparagraph (i), (ii) or (iii) of paragraph (a)
31 of subdivision one and paragraph (b) of subdivision one of section
32 125.27 of this chapter or attempted aggravated murder as defined in
33 article one hundred ten of this chapter and section 125.26 of this chap-
34 ter such minimum period shall be not less than twenty years nor more
35 than forty years.
36 S 3. Subdivision 5 of section 70.00 of the penal law, as amended by
37 chapter 765 of the laws of 2005, is amended to read as follows:
38 5. Life imprisonment without parole. Notwithstanding any other
39 provision of law, a defendant sentenced to life imprisonment without
40 parole shall not be or become eligible for parole or conditional
41 release. For purposes of commitment and custody, other than parole and
42 conditional release, such sentence shall be deemed to be an indetermi-
43 nate sentence. A defendant may be sentenced to life imprisonment with-
44 out parole upon conviction for the crime of murder in the first degree
45 as defined in section 125.27 of this chapter and in accordance with the
46 procedures provided by law for imposing a sentence for such crime. A
47 defendant must be sentenced to life imprisonment without parole upon
48 conviction for the crime of terrorism as defined in section 490.25 of
49 this chapter, where the specified offense the defendant committed is a
50 class A-I felony; the crime of criminal possession of a chemical weapon
51 or biological weapon in the first degree as defined in section 490.45 of
52 this chapter; or the crime of criminal use of a chemical weapon or
53 biological weapon in the first degree as defined in section 490.55 of
54 this chapter; provided, however, that nothing in this subdivision shall
55 preclude or prevent a sentence of death when the defendant is also
56 convicted of the crime of murder in the first degree as defined in
S. 6771 3
1 section 125.27 of this chapter. A defendant must be sentenced to life
2 imprisonment without parole upon conviction for the crime of murder in
3 the second degree as defined in subdivision five of section 125.25 of
4 this chapter or for the crime of aggravated murder as defined in section
5 125.26 of this chapter, OR FOR THE CRIME OF MURDER IN THE FIRST DEGREE
6 AS DEFINED IN SUBPARAGRAPH (I), (II) OR (III) OF PARAGRAPH (A) OF SUBDI-
7 VISION ONE OF SECTION 125.27 OF THIS CHAPTER AND THE SENTENCE OF DEATH
8 IS NOT IMPOSED.
9 S 4. Subdivisions 1 and 10 of section 400.27 of the criminal procedure
10 law, as added by chapter 1 of the laws of 1995, are amended to read as
11 follows:
12 1. Upon {the} conviction of a defendant for the offense of murder in
13 the first degree as defined by SUBPARAGRAPH (I), (II) OR (III) OF PARA-
14 GRAPH (A) OF SUBDIVISION ONE OF section 125.27 of the penal law, the
15 court shall promptly conduct a separate sentencing proceeding to deter-
16 mine whether the defendant shall be sentenced to death or to life impri-
17 sonment without parole pursuant to subdivision five of section 70.00 of
18 the penal law. Nothing in this section shall be deemed to preclude the
19 people at any time from determining that the death penalty shall not be
20 sought in a particular case, in which case the separate sentencing
21 proceeding shall not be conducted and the court may sentence such
22 defendant to life imprisonment without parole {or to a sentence of
23 imprisonment for the class A-I felony of murder in the first degree
24 other than a sentence of life imprisonment without parole}.
25 10. (A) At the conclusion of all the evidence, the people and the
26 defendant may present argument in summation for or against the sentence
27 sought by the people. The people may deliver the first summation and the
28 defendant may then deliver the last summation. Thereafter, the court
29 shall deliver a charge to the jury on any matters appropriate in the
30 circumstances. In its charge, the court must instruct the jury that with
31 respect to each count of murder in the first degree, AS DEFINED IN
32 SUBPARAGRAPH (I), (II) OR (III) OF PARAGRAPH (A) OF SUBDIVISION ONE OF
33 SECTION 125.27 OF THE PENAL LAW, the jury should consider whether or not
34 a sentence of death should be imposed and whether or not a sentence of
35 life imprisonment without parole should be imposed{, and that the jury
36 must be unanimous with respect to either sentence. The court must also
37 instruct the jury that in the event the jury fails to reach unanimous
38 agreement with respect to the sentence, the court will sentence the
39 defendant to a term of imprisonment with a minimum term of between twen-
40 ty and twenty-five years and a maximum term of life. Following the
41 court`s charge, the jury shall retire to consider the sentence to be
42 imposed. Unless inconsistent with the provisions of this section, the
43 provisions of sections 310.10, 310.20 and 310.30 shall govern the delib-
44 erations of the jury}.
45 (B) THE COURT MUST INSTRUCT THE JURY THAT THE JURY MUST BE UNANIMOUS
46 WITH RESPECT TO THE SENTENCE TO BE IMPOSED. THE COURT MUST ALSO INSTRUCT
47 THE JURY THAT IN THE EVENT THE JURY FAILS TO REACH UNANIMOUS AGREEMENT
48 WITH RESPECT TO THE SENTENCE, THE COURT WILL SENTENCE THE DEFENDANT TO A
49 TERM OF LIFE IMPRISONMENT WITHOUT PAROLE.
50 (C) FOLLOWING THE COURT`S CHARGE, THE JURY SHALL RETIRE TO CONSIDER
51 THE SENTENCE TO BE IMPOSED. UNLESS INCONSISTENT WITH THE PROVISIONS OF
52 THIS SECTION, THE PROVISIONS OF SECTIONS 310.10, 310.20 AND 310.30 OF
53 THIS CHAPTER SHALL GOVERN THE DELIBERATIONS OF THE JURY.
54 S 5. This act shall take effect immediately and shall apply to
55 offenses committed on or after such effective date.
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